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Regulation

FDA Will Ease Enforcement of Baby Formula Regulations To Address Shortage

Plus: Supreme Court sides with Ted Cruz in campaign finance case, gender quota for corporate boards ruled unconstitutional, and more...

Elizabeth Nolan Brown | 5.17.2022 9:30 AM

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zumaamericasthirtyfour458721 | Ivy Ceballo/ZUMA Press/Newscom
(Ivy Ceballo/ZUMA Press/Newscom)

Easing labeling and WIC rules is expected to get more baby formula to consumers. The Food and Drug Administration (FDA) has emerged as one major impediment to ending America's current shortage of baby formula. Now, the agency is taking small steps to get out of the way.

The infant formula shortage arose in response to a recall of formulas produced at an Abbott Laboratories facility in Michigan and the temporary shutdown of that plant.

In a healthy and competitive environment, the shutdown of one facility shouldn't have sent such shock waves through the formula market of the entire country. But the American baby formula market is both highly concentrated and a beneficiary of immense government protectionism in the form of trade restrictions and other regulations. Easing some of these rules and fees could allow more foreign formula to flood U.S. shelves, alleviating the current shortage and ending the state-created hold that a few big companies have over the U.S. market.

Baby formulas made in the European Union could be a good substitute since many of them already meet most safety and nutritional standards set by the FDA. But because a lot of these formula brands don't meet all FDA labeling requirements, they've been placed on the agency's "red alert" list, meaning they cannot be imported, sold, or purchased here and shipments will be detained if discovered.

Formula brands can be placed on this list for "transgressions" that are incredibly minor, such as not listing nutrients in a specific order or failing to include step-by-step pictures of how to prepare the formula in close proximity to the written directions for use. This means failure to meet these very specific yet arbitrary labeling rules can keep perfectly safe and nutritious formula from getting to U.S. customers.

On Monday, the FDA announced that it would temporarily ease enforcement of some labeling rules in order to allow for the importation of foreign formulas that meet U.S. safety and nutrition regulations but may run afoul of label requirements. To this end, the FDA issued new guidance for baby formula manufacturers, foreign and domestic, effective now through November 14, 2022.

"Today's action paves the way for companies who don't normally distribute their infant formula products in the U.S. to do so efficiently and safely," said FDA Commissioner Robert M. Califf in a statement. "We anticipate that those products that can quickly meet safety and nutrition standards could hit U.S. stores in a matter of weeks."

Current regulations "require an infant formula manufacturer to submit notice (i.e., a new infant formula submission) to FDA at least 90 days before the infant formula is introduced or delivered for introduction into interstate commerce," notes the agency in the new guidance. To be permitted, infant formula must contain specified levels of protein, fat, essential fatty acids, 15 vitamins, and 12 minerals, as well as meet FDA labeling requirements.

Under the new guidance, the FDA will decide on a case-by-case basis whether "to allow the introduction into interstate commerce (including importation) of infant formula that is safe and nutritionally adequate, but that may not comply with all statutory and regulatory requirements." Formula manufacturers can submit safety and nutrition information to the FDA to be granted a reprieve from enforcement of these regulations.

"The extent to which we exercise enforcement discretion may vary," states the new FDA guidance on baby formula:

For example, an infant formula whose label does not list the nutrients in the order required … would need an exercise of enforcement discretion regarding that particular labeling requirement, and FDA may determine that enforcement discretion is appropriate. In contrast, an infant formula whose level for a specific nutrient is below the minimum that we require or does not contain a specific nutrient we require might not be an appropriate candidate for enforcement discretion, especially if the low level or absence of the nutrient could present a safety issue for infants.

The Biden administration is also urging states to loosen up other regulations that are making it harder for American families to find and buy baby formula right now.

"About half of infant formula nationwide is purchased by participants using WIC benefits," noted the White House in a fact sheet last week, referring to the federally run nutrition program for low-income women, infants, and children. Because of this, WIC program requirements for eligible formula (set by both the federal government and states) greatly influence the type of formula that U.S. manufacturers produce.

The U.S. Department of Agriculture "is urging states to allow WIC recipients to use their WIC benefits on a wider variety of products so that if certain sizes or types of formula are out of stock, they can use their benefits on those that are in stock," stated the White House. "And, USDA is urging states to relax their requirements that stores keep a certain amount of formula in stock. This will offer relief to retailers and allow companies to manage inventories to meet demand."

During the height of the COVID-19 pandemic, officials eased rules regarding everything from telemedicine to take-out sales of alcoholic beverages, showing that many of these rules weren't necessary in the first place. Perhaps one silver lining of the current formula crisis is that it will do the same thing for excessive regulation of baby formula.


FREE MINDS

Ted Cruz, campaign finance, and free speech. The U.S. Supreme Court has ruled that "Section 304 of the Bipartisan Campaign Reform Act of 2002—which limits the amount of post-election contributions that may be used to repay a candidate who lends money to his own campaign—unconstitutionally burdens core political speech," SCOTUSblog explains. The case was filed by Sen. Ted Cruz (R–Texas), who challenged the Act's rule that only allows candidates to use up to $250,000 in post-election contributions to repay loans to themselves.

"A lower court ruled that the $250,000 limit is unconstitutional because the government had not shown either that it serves an interest in preventing politicians from trading favors for contributions or that the limit is sufficiently targeted to serve that interest. The Supreme Court on Thursday upheld that ruling," notes Amy Howe.

Because the loan-repayment limitation burdens First Amendment speech in elections, [Chief Justice John] Roberts wrote [in the court's opinion], it can only pass muster if it is justified – which, Roberts concluded, it is not. The only acceptable reason for restricting political speech, Roberts noted, is to prevent quid pro quo corruption – that is, politicians trading favors for contributions – or the appearance thereof. But in this case, Roberts observed, federal campaign finance law already seeks to prevent quid pro quo corruption by limiting individual contributions to $2,900 per election and requiring their disclosure. And indeed, Roberts added, the government has not pointed to "a single case of quid pro quo corruption in this context — even though most States do not impose a limit on the use of post-election contributions to repay candidate loans."


FREE MARKETS

California's attempt to mandate gender diversity on corporate boards is unconstitutional, a state court says. "Superior Court Judge Maureen Duffy-Lewis said the law that would have required boards have up to three female directors by this year violated the right to equal treatment," reports the Associated Press:

The conservative legal group Judicial Watch had challenged the law, claiming it was illegal to use taxpayer funds to enforce a law that violates the equal protection clause of the California Constitution by mandating a gender-based quota.

David Levine, a law professor at the University of California Hastings College of the Law, said he was not surprised by the verdict. Under state and federal law "mandating a quota like this was never going to fly," Levine said.

The ruling follows an April decision saying that another California law meant to ensure diversity on corporate boards is unconstitutional. That law required that publicly-traded companies headquartered in California must have at least one member of an "underrepresented community" on their boards of directors.


QUICK HITS

• In case you need another depressing reminder that COVID-19 is never going away.

• President Joe Biden has authorized sending U.S. troops back to Somalia.

• Turkish President Recep Tayyip Erdogan said he'll block Finland and Sweden from joining NATO.

• Florida Gov. Ron DeSantis, a Republican, advances the state's perpetual assault on free speech by signing a bill that makes it illegal to protest outside private homes.

• "Starbucks announced on Monday that it would reimburse travel expenses for employees who need abortions and cannot get them within 100 miles of their homes, joining the small group of companies that have moved to protect employee abortion access as the Supreme Court appears likely to soon overturn Roe v. Wade," reports The New York Times.

• Elon Musk won't go forward with his purchase of Twitter until the company clarifies the number of bot and spam accounts.

20% fake/spam accounts, while 4 times what Twitter claims, could be *much* higher.

My offer was based on Twitter's SEC filings being accurate.

Yesterday, Twitter's CEO publicly refused to show proof of <5%.

This deal cannot move forward until he does.

— Elon Musk (@elonmusk) May 17, 2022

Start your day with Reason. Get a daily brief of the most important stories and trends every weekday morning when you subscribe to Reason Roundup.

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NEXT: Former FDA Official: The Prohibition on European Baby Formula Isn't About Safety

Elizabeth Nolan Brown is a senior editor at Reason.

RegulationFoodReason RoundupFood FreedomFree MarketsParentingFood LabelingFood PolicyFree TradeChildrenFDA
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  1. Don't look at me!   3 years ago

    “We intend to have meetings to form a committee that will the study the label matter and report to the administration at some point in the future.”

    1. mulch   3 years ago

      As much as I hate arbitrary and unnecessary rules, I hate selective enforcement even more.

      1. Don't look at me!   3 years ago

        How many babies will die from improper labeling?

        1. HorseConch   3 years ago

          Considering all the COVID and Systemic Racism victims, there should be plenty of formula.

          1. http://www.workstar24.com   3 years ago

            Getting paid every month online from home more than $12k by doing very simple and easy job in part time. (yhu25) Last month i have got paid $11547 from this easy home based online job.
            .
            This is where i started..........☛ https://yourjobs85.blogspot.com/

        2. Longtobefree   3 years ago

          Fewer than from abortions - - - - - - - -

        3. Dillinger   3 years ago

          dude we didn't know it was a baby we swear.

    2. ricbee   3 years ago

      Bureaucrats and over regulation are the bane of the free market.

  2. Fist of Etiquette   3 years ago

    Easing labeling and WIC rules is expected to get more baby formula to consumers.

    Seems pretty tone deaf while Wade is on the chopping block.

    1. Rich   3 years ago

      "Oh, very well. More 'clump-of-cells formula'."

    2. Minadin   3 years ago

      "About half of infant formula nationwide is purchased by participants using WIC benefits,"

      I found this part to be much more shocking.

      1. Don't look at me!   3 years ago

        About half of infant formula nationwide is purchased by participants using WIC benefits

        And then sold for cash.

        1. BestUsedCarSales   3 years ago

          And good for them.

      2. ricbee   3 years ago

        Dopers use it to cut cocaine and heroine.

  3. Don't look at me!   3 years ago

    Florida Gov. Ron DeSantis, a Republican, advances the state's perpetual assault on free speech by signing a bill that makes it illegal to protest outside private homes.

    There are laws like that already, nothing new.

    1. Rev. Arthur L. Kuckland   3 years ago

      The law in Virginia is okay, because they only apply it to Republicans protesting

      1. Mother's Lament   3 years ago

        "It always different when we do it"

    2. Moonrocks   3 years ago

      perpetual assault on free speech

      I don't think Reason Editors know what any of those words mean.

      1. Longtobefree   3 years ago

        Those words mean more party invitations from the fascists.

    3. Jerryskids   3 years ago

      Well, DeSantis did sign that bill that made it illegal to say the word "g*y" (I'm not sure if that's just in Florida or worldwide), so it doesn't surprise me.

      1. A Thinking Mind   3 years ago

        Perpetually assault free speech. It will not stop.

      2. Rich   3 years ago

        "Don we now our g*y apparel!"

        1. R Mac   3 years ago

          So they’re really is a war on Christmas!

      3. BestUsedCarSales   3 years ago

        Don't be afraid to stand up for your rights and shout GUY from the rooftops, my friend.

  4. Fist of Etiquette   3 years ago

    A lower court ruled that the $250,000 limit is unconstitutional because...

    Because they want democracy to die.

    1. BestUsedCarSales   3 years ago

      Democracy Dies In Fat Stacks

  5. Don't look at me!   3 years ago

    President Joe Biden has authorized sending U.S. troops back to Somalia.

    SleepyJoe gets a boner when he sees the body bags unloaded off the planes.

    1. Ronbback   3 years ago

      dementia Joe just remembers the good old days of leaving the military without back up support or rescue. good times Somalia and Bengazi good times

      1. Social Justice is neither   3 years ago

        It's much creepier when civilians die and you go to their funeral to gloat and cackle.

    2. CE   3 years ago

      If it's not an emergency, he has no power to send troops there. He should ask Congress for authorization first.

      If it is an emergency, he still needs approval from Congress within 60 days for troops to stay there.

      Impeachment articles should always be handy, with blanks ready to fill in.

  6. Fist of Etiquette   3 years ago

    California's attempt to mandate gender diversity on corporate boards is unconstitutional...

    Is there no aspect of life SCOTUS doesn't want a bunch of Handmaid Tail???

    1. Illocust   3 years ago

      It seems that diversity requirements coming from California would be something requiring pre-approval by the courts. Every time the courts tell them it is illegal to discriminate, they just go back to the drawing board to see if they can find a more creative way to do it without being caught, and with each law taking time to be overturned, the damage of discrimination is done.

      1. Moonrocks   3 years ago

        Somehow, this doesn't qualify as a Perpetual Assault.

      2. Sevo   3 years ago

        The state gov't does the same with gun control, and gets beat down time after time.

      3. CE   3 years ago

        The California law was problematic for other reasons -- pressuring board members to out themselves so the company could say it already met the requirement. And who wants the state of California verifying what people self-report? Seems like a major privacy violation as well.

    2. Flaco   3 years ago

      In Apple's latest annual report (page 23) they show each board member's Gender Expression, LGBTQ+ status , and Race/Ethnicity. Uggh.

      1. Chuck P. (The Artist formerly known as CTSP)   3 years ago

        Global warming is our only hope. God may have promised never to flood the Earth again, but that doesn't mean we can't do it ourselves.

        1. KAR-n evil 9   3 years ago

          Mike Lee said the solution to climate change is to procreate.

          You Mormons aren’t even trying to hide your plans to outbreed everyone and take over.

  7. Rich   3 years ago

    Turkish President Recep Tayyip Erdogan said he'll block Finland and Sweden from joining NATO.

    "HA!! Who's Putin's puppet NOW?!"

    1. Don't look at me!   3 years ago

      Such a jive turkey.

    2. Mother's Lament   3 years ago

      Post Cold War NATO was a mistake. After the fall of the Soviet Union it should've been wound down and replaced by different treaties.

      1. R Mac   3 years ago

        ^

  8. Fist of Etiquette   3 years ago

    In case you need another depressing reminder that COVID-19 is never going away.

    Like other forms of prohibition, it's simply too lucrative.

    1. BestUsedCarSales   3 years ago

      I've now gone so far as to somewhat appreciate that little scamp, Covid-19.

  9. OpenBordersLiberal-tarian   3 years ago

    "gender quota for corporate boards ruled unconstitutional"

    WTF?

    I learned in college literally all forms of affirmative action are perfectly constitutional. In fact, my professors told me it's unconstitutional not to mandate diversity.

    This terrible ruling must be the result of Republican COURT PACKING. 🙁

    #LibertariansForQuotas

    1. Don't look at me!   3 years ago

      Skin color is the most important thing

      1. HorseConch   3 years ago

        LadyDick is also way up there. If you have colored skin and a ladydick, you should be guaranteed a CEO spot.

        1. Cronut   3 years ago

          What about man-vag? What if you have colored skin and a mangina? What do you get then?

          1. Don't look at me!   3 years ago

            Beat up?

          2. Eeyore   3 years ago

            Pregnant.

            1. HorseConch   3 years ago

              After that, you have a starving baby because you can't get formula.

              1. Eeyore   3 years ago

                I've been wondering what all of the male hormones do to a developing child. When a guy-with-a-pie gets pregnant.

        2. Fats of Fury   3 years ago

          Qualifications for office 2022
          1. Gay
          Trans preferable
          2. Color
          a. black
          b. brown (white hispanics need not apply)
          3. Sex
          a. trans
          b. birthing person.
          I expect Lori Lightfoot will be the dem nominee in 2024. the repubs will panic and run Caitlyn Jenner.

          1. HorseConch   3 years ago

            At least Caitlyn Jenner is likeable. It's hard to think that anyone is excited to see Beetlejuice on the ticket.

            1. JasonAZ   3 years ago

              Damn dude. But funny cause its so true!!!

              1. D-Pizzle   3 years ago

                Yeah, that one's gonna stick.

          2. Eeyore   3 years ago

            Gross.

  10. Don't look at me!   3 years ago

    In case you need another depressing reminder that COVID-19 is never going away.

    Remember, the vaccines are safe and effective with no downsides, and old tee shirts on your face can stop airborne viruses like magic.

    1. Rev. Arthur L. Kuckland   3 years ago

      You missed yesterday's memo. The vaccine only works after you get the jab, then the virus

      1. Don't look at me!   3 years ago

        So, are you saying we circled back to natural immunity?

        1. Rich   3 years ago

          I think he's saying we circled back to natural non-immunity.

        2. Moonrocks   3 years ago

          No, that's still a Dangerous Disinformation Conspiracy Theory.

          1. Mother's Lament   3 years ago

            It's only a Dangerous Disinformation Conspiracy Theory when you clarify it. If you leave it inferred and still recommend the most profitable pharmaceutical product ever, you're okay.

      2. BestUsedCarSales   3 years ago

        It's how I've grown so powerful.

    2. CE   3 years ago

      Pfizer's second booster now approved for grade schoolers:

      https://www.cnbc.com/2022/05/17/fda-authorizes-pfizer-covid-booster-dose-for-kids-ages-5-to-11-years-old.html

      The FDA determined that a third Pfizer shot can boost protection for children in this age group and the benefits outweigh the risks, said Dr. Peter Marks, who heads the drug regulator’s vaccine division. FDA Commissioner Robert Califf said although Covid tends to be less severe in children, more kids have been getting sick and hospitalized with virus since the omicron variant became dominant. The FDA did not convene its committee of independent experts before authorizing the booster dose.

      1. CE   3 years ago

        first booster, third shot

        1. HorseConch   3 years ago

          It's obvious by now, that if your kids don't get a shot a month, they could potentially, maybe, possibly get really sick from covid.

      2. Chuck P. (The Artist formerly known as CTSP)   3 years ago

        The FDA’s advisory committee is scheduled to meet next month to review Moderna and Pfizer’s requests for the drug regulator to authorize their vaccines for kids under age 5.

        Gotta make the most out of those 75 years of immunity.

      3. ElvisIsReal   3 years ago

        All for a virus that kids don't get sick enough from that they can actually measure how well the vaccine works. Disgusting.

  11. Rev. Arthur L. Kuckland   3 years ago

    Anyone notice they said they are easing enforcement, not giving legal protection. After the shortage is over What's to stop them from turning around and fineing the companies for violations

    1. Ronbback   3 years ago

      and one death because a parent mixed it with bleach then claims the instructions never said not to mix with bleach.

      1. Ronbback   3 years ago

        my comment makes it sound like it happened, it hasne't but probably will and they will sue and demand more regulations

        1. Cronut   3 years ago

          She was protecting her baby from covid 19, like Trump told her to.

          1. Don't look at me!   3 years ago

            Don’t forget the horse paste supplement.

            1. Cronut   3 years ago

              Isn't that for killing the baby?

      2. Roberta   3 years ago

        Tag said no bleach, line dry only. Which end of baby to hang?

    2. Bubba Jones   3 years ago

      You say that like they charged giant fees to the liquor companies that made hand sanitizer.

      crazy talk

  12. Rich   3 years ago

    In case you need another depressing reminder that COVID-19 is never going away.

    What we really need is another depressing reminder that COVID-19 government overreach is never going away.

  13. Fist of Etiquette   3 years ago

    Turkish President Recep Tayyip Erdogan said he'll block Finland and Sweden from joining NATO.

    Turkey in NATO. Next thing they'll be putting Russia and China on the UN Security Council.

    1. R Mac   3 years ago

      Just don’t tell me Somalia is on the Human Rights Council.

      1. Rev. Arthur L. Kuckland   3 years ago

        They got bumped for rowanfa

  14. Fist of Etiquette   3 years ago

    Florida Gov. Ron DeSantis, a Republican...

    WE KNOW

    1. BestUsedCarSales   3 years ago

      This is my first time about this DeSantis fellow. Though his name reminds of that DeathSantis guy I was reading about a few months back.

  15. OpenBordersLiberal-tarian   3 years ago

    "Starbucks announced on Monday that it would reimburse travel expenses for employees who need abortions and cannot get them within 100 miles of their homes, joining the small group of companies that have moved to protect employee abortion access as the Supreme Court appears likely to soon overturn Roe v. Wade," reports The New York Times.

    Powerful corporations are on the same side as Democrats, Exhibit #34,729.

    #BigCorporationsLoveAbortion
    #OBLsFirstLaw

    1. damikesc   3 years ago

      Wonder if stockholders can file suit over the company wasting their money in such a manner.

      1. CE   3 years ago

        And reducing their future customer base.

      2. Overt   3 years ago

        In cold moral calculus, is it a waste of money? What is more helpful for the bottom line- paying insurance and family leave for a mother, or sending her on a spa trip for a week?

    2. Ronbback   3 years ago

      curious what about the mothers who don't want an abortion do they get a stipend for not aborting.

      1. Don't look at me!   3 years ago

        No, they get fired.

        1. R Mac   3 years ago

          Stoned to death.

          1. Outlaw Josey Wales   3 years ago

            It's a lottery.

      2. BestUsedCarSales   3 years ago

        Forced to make breast milk lattes.

        1. Outlaw Josey Wales   3 years ago

          With Gates milk?

    3. Mother's Lament   3 years ago

      Annual free shopping and sightseeing trips to New York and LA for slutty baristas.

  16. MP   3 years ago

    In case you need another depressing reminder that COVID-19 is never going away.

    Nobody outside of the liberal safety bubble ever thought that.

    And of course the NYT writer couldn't resist this nugget:

    Each infection may bring with it the possibility of long Covid, the constellation of symptoms that can persist for months or years.

    No attribution. No corroboration. Just a faith based statement regarding something that is generally perceived as being psychosomatic. But hey, fuck it, we're the NYT. We're not doing our job unless we're scaring you with misinformation.

    1. Don't look at me!   3 years ago

      .. the constellation of symptoms..

      Cool phrase.

      1. Longtobefree   3 years ago

        Possible band name as well

      2. HorseConch   3 years ago

        Lying Jeffy has been way ahead of the curve. He has been on this very board harping about the societal degradation we were facing from all the long covid. Way to fight the good fight, Jeffrey.

    2. Zeb   3 years ago

      Long covid seems to be something like IBS. Not a specific illness with a specific cause, just a diagnosis for people with various symptoms who feel a need to give it a label.
      I saw an interesting study that seemed to show that thinking you had covid was a larger factor in who got "long covid" than actually having had covid.

      1. Cronut   3 years ago

        I saw that study. It also said a lot of the "long covid" patients either never were diagnosed with covid, or never actually had covid.

      2. Red Rocks White Privilege   3 years ago

        I saw an interesting study that seemed to show that thinking you had covid was a larger factor in who got "long covid" than actually having had covid.

        I said way back when this started becoming a thing, that "long covid" was largely a munchie disease. It's not really an accident that most of the people saying they have "long covid" are women who just happen to say they also have some form of mental illness.

      3. American Mongrel   3 years ago

        It's sad how many things fall into that description.

      4. BestUsedCarSales   3 years ago

        It's also one of those things that seems to get mixed in with an actual issue, with folks who have longer than average Covid symptoms.
        Like, my cousin had it, and had some acute symptoms for a week, then was just dog fucking tired for a few weeks more. And this happens. I think most of us have had, or know someone who had, a flu or cold that dogged them for a weird amount of time.

        But it went away after a bit, and he's fine now. But these sort of vague non-acute cases like his, then gets mixed in with purely psychosomatic cases. Some amount of actual events, mixed with the hypochondria of our atge.

        1. R Mac   3 years ago

          That’s what happened to me.

  17. Fist of Etiquette   3 years ago

    Starbucks announced on Monday that it would reimburse travel expenses for employees who need abortions and cannot get them within 100 miles of their homes...

    The typical Starbucks consumer can applaud this while sipping on that $9 cup of coffee.

    1. Bubba Jones   3 years ago

      >reimburse travel expenses for employees who need abortions

      Gets them back to work quickly, and keeps the store managers from having to pay child support.

  18. OpenBordersLiberal-tarian   3 years ago

    "President Joe Biden has authorized sending U.S. troops back to Somalia."

    Excellent. Biden continues to show why early 2000s pro-war neocons are more at home in the Democratic Party these days.

    #LibertariansForGlobalMilitaryPresence

    1. Don't look at me!   3 years ago

      Isn’t it racist to kill Somalians?

      1. Ronbback   3 years ago

        not when the "Right" people do it

      2. Rev. Arthur L. Kuckland   3 years ago

        He just wants them back in chains

      3. BestUsedCarSales   3 years ago

        Racism only exists on American soil. We'll have to invade Somalia and take it over, then it will be racist.

  19. Fist of Etiquette   3 years ago

    Elon Musk won't go forward with his purchase of Twitter until the company clarifies the number of bot and spam accounts.

    @Jonpwnslibs8375441 agrees.

    1. BestUsedCarSales   3 years ago

      Bots deserve free speech too. We need to get Gillespie to get right on this truly important subject.

    2. Mother's Lament   3 years ago

      Aren't most bots upvoters?

  20. Jerryskids   3 years ago

    It's hard to believe that 20% of the accounts on Twitter are fake accounts - I thought they all were fakes.

    1. Social Justice is neither   3 years ago

      Fake personalities and outrage but that's not quite the same.

  21. OpenBordersLiberal-tarian   3 years ago

    Hey Peanuts isn't this Biden economy amazing? Are you making more money than you know what to do with, like me and Warren Buffett?

    #TemporarilyFillingInForButtplug

    1. HorseConch   3 years ago

      How's the rig count?

      1. Mother's Lament   3 years ago

        A jump in spittin tabaccy futures increased their numbers.

      2. Fats of Fury   3 years ago

        80 million ballots for Biden.

    2. BestUsedCarSales   3 years ago

      I mean, I'm making more money and I don't know what I can do with it. So that's close enough.

  22. Don't look at me!   3 years ago

    Turns out Twitter is chock full of bots, and they are lying about it.

    1. damikesc   3 years ago

      As has been pointed out, if this is true, they are liable for numerous suits that will likely dwarf the actual value the company has. At this point, Musk buying them is a merciful act.

      1. HorseConch   3 years ago

        I hope he crushes them in a completely legal manner. Bankrupt those fuckers and cash out on the stake he bought previously before running it to zero.

      2. Bubba Jones   3 years ago

        Except he's not buying them. He's using the offer to expose them...

        1. Don't look at me!   3 years ago

          A National treasure.

    2. Illocust   3 years ago

      Interesting, I wonder what legal consequences this could have. Is there a mechanism to force them to reveal the data?

      1. Eeyore   3 years ago

        Could potentially get them de-listed from the stock exchange for willfully lying on thier financial disclosures. Hard to prove. I doubt anything will happen.

        1. HorseConch   3 years ago

          I doubt it's that hard to prove if the courts don't block records subpoenas. Those records should be available in a publicly traded company since active users has such an impact on actual value of the company.

  23. Overt   3 years ago

    Re: FDA Regulations

    Much like the fall of Afghanistan, this is not a Biden-caused problem. But the handling is. And yet that really doesn't matter in the long run.

    Governments are fundamentally poor at handling change. Most bureaucracies are. This is a fact of life. The difference is that in the free market, if your organization cannot internalize at least some manner of adaptivity, your business will die. Competition doesn't just help the customer, it also helps the organization stay agile.

    The FDA failed us just as the CDC failed us, just as the Pentagon and State departments failed us in Afghanistan. And by the way, if you think the private sector is much better, consider that our entire financial system is run by 15 banks that are Too Big to Fail (Aka, have no real competitive pressure).

    Where Biden's administration has made a hash of things is their constant dissembling. Rather than say "This is unacceptable, y'all are fired", the administration spends 80% of the time insisting that nothing is wrong, and it isn't government's fault anyway, and besides it is probably the best outcome for us anyways.

    Many people don't like this, because they are raised with childish platitudes their entire life, and continue to vote for the politicians who feed them the same platitudes. But it is a fact that everything ascendent in this world reached their through competition. Being constantly tested forces us to discard things that don't work, and pivot to new things that work. This can be done without brutality, and where people have safety nets to prevent true catastrophe, but when we ignore it all together, we create exactly the type of organization that stands in the way of feeding our babies.

    1. Moonrocks   3 years ago

      private sector...our entire financial system is run by 15 banks that are Too Big to Fail

      Nitpicking here, but can it really be considered the private sector when it's a cabal of firms hand-picked by the government, kept afloat by the government, and protected from competitive upstarts by the government?

      1. Red Rocks White Privilege   3 years ago

        Honestly, that's probably just arguing semantics at that point. Corporatist, fascist, we can apply whatever label we want to it, but when a group of private corporations can blackmail the government in to providing a near-trillion dollar bailout--AFTER they spent seveal years committing securities fraud, mind you--or they'll nuke the nation's economy (which happened anyway), Overt has a definite point there.

        What the banks did in the early-mid 2000s was just as bad as what Soros did with currency manipulation. A society that had any balls would have hung both of them from a willow tree, not allowed them to continue merrily along.

        1. Moonrocks   3 years ago

          That's just it, the banks didn't unilaterally blackmail the government, the government was in on it every step of the way, from curating the banks that made up the financial sector to creating regulations forcing those banks to extend subprime loans to creating regulations allowing them to pawn off those subprime loans to suckers to cutting trillion dollar bailout checks and delivering pallets of quantitative easing cash. Such a mutually beneficial relationship between the government and corporations isn't typically considered the "private sector".

          1. American Mongrel   3 years ago

            It seems that is why we had to change the definition of fascism. We didn't want to admit that Mussolini's ideas were the actual winner of the 20th century ideology wars.

        2. Overt   3 years ago

          The fundamental problem was the expansion of our money supply. That money had to go somewhere, so our low interest rates and government backing of loans through Fannie/Freddie created the foundation on which to build a bubble.

          Bubbles happen when you are loose with money. When they pop, bad investments get unwound and capital is reallocated to the winners. This happens naturally in every market, but loose money policy just turns the natural reallocation of resources into these massive boom/bust cycles.

          Those banks didn't blackmail anyone. The government allowed "experts" to insist that change was bad, and scare them into bailouts. I remember all the people freaking out back in '08, screaming that "the wheels are coming off!" They couldn't imagine a world where 2/3 of the financial sector imploded. But we just saw a world where 2/3 of the small business sector imploded. 2020 showed us how these massive catastrophic gut-shots to the economy will ultimately be worked around.

          What should have happened was dozens of banks going out of business, very rich people losing their jobs and becoming much less rich, and many middle class people being laid off, and many poor people trying to navigate a world where their services are in less demand. Because the alternative was this fragile, over-engineered, resistant to change nonsense that we have now.

          It is cruel that government's loose money policy creates these boom and bust cycles that disproportionately hurt the poor. But rather than tighten the belt, governments continue to sell empty platitudes about "smart regulation" and such while priming the next boom cycle with more loose money.

          1. ElvisIsReal   3 years ago

            Well-said. We traded lots of short-term pain for lots and lots of long-term damage.

      2. Overt   3 years ago

        "Nitpicking here, but can it really be considered the private sector when it's a cabal of firms hand-picked by the government, kept afloat by the government, and protected from competitive upstarts by the government?"

        It is still the private sector, because most of the capital is formed privately. And that is my whole point- in the process of destroying the market forces of FREE enterprise, we have created massive, private bureaucracies just as resistant to change as the government.

        1. Mother's Lament   3 years ago

          And that's the point where libertarians today often lose the script. They want to regard those massive, government-protected, private bureaucracies like they're free-market corporations, but they're not.

        2. Sevo   3 years ago

          "...And that is my whole point- in the process of destroying the market forces of FREE enterprise, we have created massive, private bureaucracies just as resistant to change as the government."

          We allowed the gov't to 'regulate' the banks into funding a ton of sub-prime mortgages and then (turd in particular) whined that the resulting crash was a failure of a free market in loans.

          1. Overt   3 years ago

            Well, yes this is the secondary effect: Having created these boom and bust cycles, with free money, the next step for politicians is to convince the masses that they have a free lunch (common sense regulation) to fix this problem.

            Private entities aren't blameless here: People do stupid shit with money all the time. That includes big banks and corporations. But loose money causes stupid people to stay solvent longer, until the damage of their stupidity is far larger than it otherwise would have been. Hate the idiot, and hate the government more.

      3. I, Woodchipper   3 years ago

        ^exactly this

        1. Mother's Lament   3 years ago

          This really was a very good comment thread.

          1. Mother's Lament   3 years ago

            Well said, Overt, Red Rocks, Moonrocks and American Mongrel.

  24. Social Justice is neither   3 years ago

    So not being allowed to harass people at home is an assault on free speech? Why, you can still protest at their place of employment together your point across. I mean if you're all for mob violence and intimidation I can see why you'd take this stance, but isn't ENB supposed to be something other than a marxist revolutionary?

    1. HorseConch   3 years ago

      I don't have a problem with people exercising their 1A rights at my house as long as the state doesn't have a problem with me using my 2A rights to deter them.

      1. Cronut   3 years ago

        The McCloskeys agree.

        1. R Mac   3 years ago

          And were charged for it.

          1. Cronut   3 years ago

            They shouldn't have assaulted the protesters' first amendment right to trespass in private, gated neighborhoods.

    2. Zeb   3 years ago

      I would prefer that we didn't need a law and that social pressure and basic decency would stop people from protesting people at their private residences. But sadly that's not what's happening.

      1. Cronut   3 years ago

        Leftists who protest outside people's houses are like toddlers throwing tantrums at the grocery store. They don't care about whether their behavior is appropriate or decent. They want what they want and they're going to lay down and scream in the middle of the cookie aisle till they get it.

        The more I watch leftists, the more I'm convinced they are developmentally stunted around 4 or 5 years old.

        1. HorseConch   3 years ago

          They are missing consequence for fucking with people. In years past, had someone coldcocked a couple green hairs, that would have been the green hairs' problem to deal with. Now, you are the monster for dealing with them like they should be dealt with.

          1. R Mac   3 years ago

            I keep saying, close your doors and windows and throw stink bombs into your front yard.

          2. Cronut   3 years ago

            Like all leftists, they count on the fact that everyone else still practices self control and restraint.

            It's going to be a very bad day when everyone else stops being restrained.

            1. R Mac   3 years ago

              That’s already happened a few times with ANTIFA showing up in the wrong neighborhood and getting their asses kicked.

              1. Cronut   3 years ago

                I saw a couple of those videos. It's always satisfying to see antifa pussies getting their asses kicked.

      2. Mother's Lament   3 years ago

        Remember, protesters harassing Supreme Court Justices at home is democracy in action, but truckers honking outside of parliament buildings, or J6ers protesting in the Rotunda are dangerous threats to democracy.

        1. R Mac   3 years ago

          Just watched a minute of Biden’s speech in Buffalo. He brought up 1/6. Such a disgusting human.

          1. Sevo   3 years ago

            So those people killed in Buffalo were murdered by cops?

            1. R Mac   3 years ago

              He didn’t even connect it to Buffalo, he just randomly brought it up.

      3. A Thinking Mind   3 years ago

        I would prefer that we don't pass a law at all, and just make sure there's a clear line between "protest" and "harassment."

        1. Cronut   3 years ago

          Civilized people recognize people's homes as off limits. Leftists are not civilized people. They don't recognize commonly established boundaries, and they've turned every aspect of life into a political issue so they feel justified in violating any social norm they want. And their not reasonable people, so you can't negotiate with them. They're going to keep doing this, and they're going to escalate as long as their indulged in it.

          I would prefer if we didn't need a law either but I think we've reached the point where that's the only way to keep the peace.

  25. Longtobefree   3 years ago

    Any regulation that can be suspended is unnecessary.
    It can't be about safety, because if it was, it would be unsafe to suspend it. If it is not, it is an attack on consumer freedom of choice.
    Oh, wait. I get it now.

  26. I, Woodchipper   3 years ago

    California's attempt to mandate gender diversity on corporate boards is unconstitutional, a state court says.

    Anyone with half a brain can understand this is obviously unconstitutionally discriminatory.

    so that rules out proggies from understanding it...

    1. Longtobefree   3 years ago

      What that shows is that the US Constitution is racist and sexist and genderist and all other -ist thing invented this week.
      Which is why we need democratic presidents to appointing about 25 more justices to be sure the rest of them see the truth.

  27. Cronut   3 years ago

    "In case you need another depressing reminder that COVID-19 is never going away."

    Nobody cares.

    1. Longtobefree   3 years ago

      Recognizing science is never depressing.
      What needs to go away is the fascist decrees and regulations that result from the false claim that this is an "emergency".

      Remember, remember, the eighth of November.

      1. Cronut   3 years ago

        Once it was in the population, it was NEVER going away. The only correct way to deal with it is to protect the most vulnerable with appropriate treatments and vaccines, and then everyone else just gets on with their life until covid is just another annoying cold-bug people get- which is where we are now.

        This is just panic porn for idiot proggies.

        1. ElvisIsReal   3 years ago

          Yeah, it was obvious after the first antibody tests in April 2020 that it was far too widespread to contain.

          We played pretend anyway so Joe Biden could 'win'.

    2. BestUsedCarSales   3 years ago

      I care.

      1. Cronut   3 years ago

        Okay. One guy cares.

        1. R Mac   3 years ago

          Pretty sure Jfree still cares.

          1. Sevo   3 years ago

            It's his defining issue!

    3. JimboJr   3 years ago

      I care in as much as I got it again.

      I dont care being that I hardly noticed it and life went on as usual. I continued to run 3-6 miles a day and train as usual.

  28. n00bdragon   3 years ago

    I, for one, applaud our beneficent government overlords for quickly using the powers vested in them to solve ameliorate the problem they themselves created.

    1. sarcasmic   3 years ago

      “The government is good at one thing. It knows how to break your legs, and then hand you a crutch and say, 'See if it weren't for the government, you wouldn't be able to walk.”

      ― Harry Browne

  29. Dillinger   3 years ago

    Congress was on the record about UFOs this morning lol.

  30. Sevo   3 years ago

    Your donations are work!
    "Black Lives Matter paid nearly $4M to board secretary, co-founder's brother, and father of her child"
    [...]
    "The Black Lives Matter Global Network Foundation dished out nearly $4 million in consulting payments to its board secretary, co-founder Patrisse Cullors' brother, and the father of Cullors' child..."
    https://www.msn.com/en-us/money/companies/black-lives-matter-paid-nearly-4m-to-board-secretary-co-founder-s-brother-and-father-of-her-child/ar-AAXnzE7?ocid=msedgntp&cvid=18e6853c080f4a5dadc13a728f32cf4c

  31. Eeyore   3 years ago

    I'm actually surprised they didn't announce an operation warp speed for baby formula. Spending a few trillion dollars on something is their favored approach.

    1. R Mac   3 years ago

      Don’t you even Orange Man Bad?

    2. Moonrocks   3 years ago

      How long before they try to print more baby formula?

      1. Eeyore   3 years ago

        Perfect chance to try out an entirely new technology for feeding babies.

        1. R Mac   3 years ago

          3D printers can print formula?

          1. Cronut   3 years ago

            Not without a permit, license, inspections and associated fees.

  32. Agammamon   3 years ago

    FDA Will Ease Enforcement of Baby Formula Regulations To Address Shortage

    This can not be allowed! If they ease enforcement of standards people might start asking it those standards are unnecessary. And if they ask that they might ask what other standards are unnecessary.

    1. Eeyore   3 years ago

      Nessisary for maintaining the high prices and profits.

  33. Weigel's Cock Ring   3 years ago

    Most politically savvy Americans by now are familiar with the cretinous Georgy Schwartz, aka "George Soros" . But today for the very first time I learned that there's yet another one of these malevolent European billionaire shitheads who has made it his mission in life to turn America into a communist nation and destroy us: a Swiss guy named Hansjörg Wyss:

    https://www.realclearpolitics.com/articles/2022/05/17/swiss_billionaires_mega-influence_on_us_politics__147610.html

    If you Google this fucking creep and look at some images, he looks like he would have blended in seamlessly with Goebbels and Himmler at the Wannsee Conference.

    I ferventky wish that the ew billionaires who actually love this country like Elon Musk would devote some of their resources to crushing scumbags like this guy.

    1. Mother's Lament   3 years ago

      Whether Wyss, Soros or Klaus Schwab, they all have an early and significant association with Kissinger in common.

  34. Richard Rider   3 years ago

    COMMENT I RECEIVED FROM DON AFMAN
    How did I (and so many of us) even survive 60 to 70 years ago when we were fed evaporated milk mixed with Karo corn syrup? Now there are dozens of different mixtures and they can't manufacture just one of them in a great enough quantity?
    The problem was first reported by a whistle blower in October and no government action was taken until December? And according to Biden, no one in his administration knew anything until just recently.
    At least 3 known agencies were involved (FDA, USDA & CDC) and either none were in charge or they were all in-fighting over who was. I'll never be convinced we need hundreds and hundreds (does anyone really know how many?) of how many ways one can say:
    Administration
    Agency
    Association
    Authority
    Board
    Bureau
    Center
    Commission
    Committee
    Conference
    Corporation
    Corps
    Council
    Department
    Division
    Foundation
    Institute
    Library
    Office
    Service
    Staff
    System
    Trust.

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